Case Note & Summary
The petitioner, Dr. Bugui Dessai, was appointed as a Reader in Inorganic Chemistry at Goa University in June 1987 and confirmed in service in June 1989. His pay was fixed in the scale of Rs.3700-125-4950-150-5700 with effect from 1.1.1986. Subsequently, upon implementation of UGC revised scales, his pay was refixed at Rs.15,360/- in the scale of Rs.12000-420-18300 with effect from 1.1.1996. However, by an order dated 24th April, 2003, respondent No.1 (Goa University) refixed and revised the petitioner's pay scale with retrospective effect, reducing his pay. Another order dated 16th December, 2004 was passed by respondent No.2 (Director of Higher Education). The petitioner challenged these orders by way of a writ petition seeking certiorari. The main legal issue was whether the impugned orders, passed without any notice or opportunity of hearing to the petitioner, were sustainable. The petitioner argued that the orders were passed in violation of principles of natural justice. The respondents contended that the revision was based on policy decisions and that no hearing was required. The court analyzed the facts and held that the orders had serious civil consequences for the petitioner as they reduced his pay with retrospective effect. The court found that no notice or opportunity of hearing was given to the petitioner before passing the impugned orders. Relying on the principle of audi alteram partem, the court held that such orders are violative of natural justice and cannot be sustained. The court quashed the impugned orders dated 24th April, 2003 and 16th December, 2004, and directed the respondents to pass fresh orders after giving the petitioner a reasonable opportunity of hearing. The petition was allowed.
Headnote
A) Service Law - Pay Fixation - Natural Justice - Refixation of pay scale with retrospective effect without notice to employee is violative of principles of natural justice - The University revised the petitioner's pay scale retrospectively without affording any opportunity of hearing - Held that such orders are liable to be quashed (Paras 1-10).
Issue of Consideration
Whether the impugned orders refixing and revising the pay scale of the petitioner with retrospective effect, passed without giving any notice or opportunity of hearing to the petitioner, are sustainable in law.
Final Decision
The court allowed the writ petition, quashed the impugned orders dated 24th April, 2003 and 16th December, 2004, and directed the respondents to pass fresh orders after giving the petitioner a reasonable opportunity of hearing.
Law Points
- Natural justice
- audi alteram partem
- retrospective revision of pay scale without notice
- writ of certiorari
- service law
